'Right to Privacy' is protected under which Article of the Constitution of India?
AArticle 15
BArticle 19
CArticle 21
DArticle 29
Answer & Solution
Correct answer: C. Article 21
Answer: C. RIGHT TO PRIVACY is protected under ARTICLE 21 of the Constitution of India.
ARTICLE 21 of the Constitution reads: 'No person shall be deprived of his life or personal liberty except according to procedure established by law.' Through expansive judicial interpretation, ARTICLE 21 has become the source of an EXPANDING UNIVERSE OF FUNDAMENTAL RIGHTS — right to dignity, livelihood, education, food, clean environment, health, shelter, fair trial, speedy trial, etc.
The RIGHT TO PRIVACY was DEFINITIVELY DECLARED A FUNDAMENTAL RIGHT UNDER ARTICLE 21 by a UNANIMOUS 9-JUDGE CONSTITUTION BENCH of the Supreme Court in JUSTICE K. S. PUTTASWAMY (RETD.) vs UNION OF INDIA (2017) — a landmark case arising out of the Aadhaar litigation. The Court held:
- Privacy is an INTRINSIC PART OF the right to life and personal liberty under Article 21.
- It is ALSO PART of various other freedoms guaranteed by Part III (Articles 14, 19, 25 etc.).
- Privacy includes BODILY INTEGRITY, INFORMATIONAL PRIVACY, DECISIONAL AUTONOMY (relationships, sexuality, marriage), AND HOME PRIVACY.
- The judgment OVERRULED earlier cases (M.P. Sharma 1954, Kharak Singh 1962) which had held there was no fundamental right to privacy.
- Any state restriction must satisfy the TEST OF PROPORTIONALITY (legitimate aim, suitability, necessity, balancing).
The judgment paved the way for the DECRIMINALISATION OF HOMOSEXUALITY (Navtej Johar 2018), strikedown of parts of the Aadhaar Act, and provided the constitutional foundation for the Digital Personal Data Protection Act 2023.
Why other options are WRONG:
(A) Article 15 — prohibits discrimination on grounds of religion, race, caste, sex, place of birth.
(B) Article 19 — six fundamental freedoms (speech, assembly, association, movement, residence, profession).
(D) Article 29 — cultural and educational rights of minorities.
Source: Justice K.S. Puttaswamy (Retd.) vs Union of India (2017) 10 SCC 1 / Constitution of India Article 21.
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